Akole Taluka Teaching And Non ... vs Kusum Sakharam Kanwade And Others
2016 Latest Caselaw 4879 Bom

                                                                          W.P.846/2014
                                            1

              IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                         BENCH AT AURANGABAD




                                                                            
                               WRIT PETITION NO.846 OF 2014




                                                    
    Akole Taluka Teaching &
    Non-teaching Employee's
    Rural Non-Agricultural
    Credit Co-operative Society
    Ltd., Akole, through its




                                                   
    Manager
    Shri Dattatraya s/o Damodhar
    Wackchaure, Age 46 years
    Occu. Service, R/o Akole,
    Taluka Akole, Dist.Ahmednagar                          ..Petitioner




                                         
            Versus           
    1.      Smt. Kusum Sakharam Kanwade,
                            
            Age major, Occu. Service,
            R/o Zilla Parishad Primary School,
            Chas, Taluka Akole, District
            Ahmednagar, at present
            R/o Zilla Parishad Primary School,
      

            Chitalvedhe, Taluka Akole,
            District Ahmednagar
   



    2.      Chimaji s/o Rakhamaji Shelke,
            Age major, Occu. Service,
            R/o Zilla Parishad Primary School,
            Manyale, Taluka Akole,





            District Ahmednagar, at present
            R/o Raigad Housing Society,
            Akole, Taluka Akole,
            District Ahmednagar

    3.      Uttam s/o Ganpatgir Gosavi,





            Age major, Occu. Service,
            R/o Zilla Parishad Primar School,
            Chas, Taluka Akole,
            District Ahmednagar                            ..Respondents

    Mr R.D. Bhalerao, Advocate for petitioner
    Respondents served




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                                                                             W.P.846/2014
                                           2

                                               CORAM : T.V. NALAWADE, J.

                                               DATE     : 24th August 2016
    ORAL JUDGMENT




                                                                              
    1.      Rule.     Rule returnable forthwith.      Heard finally at admission




                                                      
    stage.

2. It was made clear that the matter was fixed for final disposal

when notice was sent on Court motion. Notice is duly served, but the

respondents have not turned up. In view of these circumstances,

petition is being decided on the basis of submissions made by learned

Counsel for the petitioner.

3.

The petition is filed to challenge the order made below Exh.1 in

Regular Darkhast No.93 of 2012 which was pending in the Court of

Civil Judge, Junior Division, Akole, District Ahmednagar. The execution

proceeding was filed by present petitioner, Co-operative society for

execution of the award given in its favour by the Co-operative Court.

Award of recovery of money due from present respondents is given in

favour of society and for execution of the said award, the execution

proceeding was filed.

4. The executing Court has dismissed the proceeding by holding

that Civil Court has no jurisdiction and only the Registrar appointed

under the Maharashtra Co-operative Societies Act, 1960 is the

authority created for execution of such decision.

5. The executing Court has referred many provisions of the

aforesaid Act. On this point, learned Counsel for petitioner placed

reliance on the case, reported as 1984 Mh.L.J. 453 (Onkar Rajaram

W.P.846/2014

Wathodkar Vs. Ramnarayan Khatod and sons). In this case, this

Court has discussed the relevant provisions, Section 98 (a) of the

Maharashtra Co-operative Societies Act and Rule 83 of the

Maharashtra Co-operative Societies Rules, 1961. After considering the

provisions, this Court has laid down that two forums are created for

execution of the award given by Co-operative Court like Registrar and

Civil Court and it is open for the party in whose favour the award has

been passed to select a particular forum of execution. In view of this

position of law, this Court holds that the executing Court has

committed error in dismissing the proceeding by holding that the Civil

Court has no jurisdiction.

6. In the result, Writ Petition is allowed. The order dated

31.8.2013, passed below Exh.1 in Regular Darkhast No.93 of 2012 by

Civil Judge, Junior Division, Akole, District Ahmednagar is set aside and

the proceeding is restored to its original number.

7. The petitioner to appear before the executing Court on 10 th

October 2016. The executing Court is to issue notice to the judgment

debtors and on only service of the notice, further orders are to be

made in execution proceedings.

( T.V. NALAWADE, J.)

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